Traffic Management

School Wardens

A Council may, with the consent of the Garda Commissioner, make arrangements for the patrolling by persons referred to as school wardens employed or nominated by them at places where school children cross public roads.  A school warden may exhibit such sign as may be prescribed requiring traffic to stop or remain stopped so as to enable school children to cross the road safely.  Traffic shall stop and remain stopped while the sign is exhibited.

A person who fails to stop a vehicle or animal or keep it stopped in accordance with the above requirement is guilty of an offence.  The power conferred on school wardens by this provision shall be exercisable only if he or she is wearing a uniform as may be prescribed.

A person acting as a school warden shall be presumed until the contrary has been shown to be acting in accordance with arrangements duly made.  The uniform includes any garment, armlet or cap.

Car Parks

Local authorities may provide car parks.  A car park is a place not part of the public road for the parking of mechanically propelled vehicles.  A local authority may provide one or more car parks and access to them, as it considers desirable in order to relieve or prevent traffic congestion.

The local authority may, with the consent of the Minister, assist any person providing a car park.   Assistance may constitute the contribution of money or execution of works or the grant or lease of land.

Local authorities have the power, with the consent of the Minister, to erect a building used wholly or mainly for parking vehicles.  They have the power, with the consent of the Minister, to erect waiting rooms, cloakrooms, petrol stations, shops and other facilities and for any car park provided.  They may adapt land for use as a car park.

A local authority may make bye-laws for the use of any car park provided by them. In particular, they may provide for restriction of classes of vehicles that may be admitted, specifying charges for use, specifying periods for which vehicles may remain, and specifying conditions subject to which they may use the car park.

Contravention of a bye-law above is an offence.  The registered owner and the user of the vehicle parked it are each guilty of an offence.  It is a defence for the registered owner to show that its use was unauthorised.

Where a local authority is of the opinion that land used for a car park provided by it be used for different purposes, it may terminate its use as a car park.  A local authority that has provided a car park may, with the consent of the Minister, sell or lease the car park or any facilities provided to any person subject to conditions as it thinks proper.

The Minister may, with the consent of the Minister for Finance, make grants towards the expenses incurred under these provisions by a local authority.  Loans on such terms and conditions as to repayment as may be specified may be provided.  The operation of a car park, including facilities on property leased by a local authority, is not deemed a business for the purpose of landlord and tenant, rights of renewal, etc.

Immobilisation

Where an authorised person finds on a public road, a vehicle parked in contravention of restrictions, he, or a person acting in his direction may fix an immobilisation device to the vehicle while it remains in place or move it to a place from the place where he finds it to another place and fix an immobilisation device there.  An authorised person or persons who are prescribed, who may be officers of the council or private contractors.

When an immobilisation device has been fixed to a vehicle, there shall also be affixed a notice in the prescribed form indicating that the device has been fixed to the vehicle and a warning that an attempt should not be made to drive it or put it in motion until the device is removed, specifying the steps to be taken to secure such removal and giving such other information as may be prescribed.

An immobilisation device that has been fixed to a vehicle may only be removed by an authorised person.  It may be removed only if the person seeking its removal shows to the satisfaction of the authorised person that he is the owner of the vehicle or is authorised to seek such removal and pays the prescribed charge.

The authorised person may waive the prescribed charge if it can be shown that the owner shows that the vehicle was parked there without his authorisation.An immobilisation device is to be removed as soon as practicable after payment of the prescribed charge.

A notice affixed to a vehicle shall not be removed or interfered with by a person other than the owner of the vehicle or a person authorised to use the vehicle.  Contravention is an offence.

It is an offence to obstruct or impede an authorised person or a person acting under his direction, in the performance of his functions or without being authorised to do so, remove or attempt to remove an immobilisation device.

An immobilisation device may not be fixed to an ambulance, a fire brigade vehicle or a vehicle used by a member of Garda Síochána in the execution of his duties.  The Minister for Justice may make Regulations for the purpose of giving effect to the provisions.  It may specify requirements in relation to the type of device, form of notice, and amount of charges.

Bye-Laws Re. Construction

A road authority, after consulting with the Commissioner, may make bylaws providing for the regulation and control of access to and from construction sites generally or specified classes of construction sites or specified construction sites by a vehicle or specified class of vehicle.

Bye-laws may provide times and dates during which access and egress may be permitted, the number of vehicles to be permitted access and egress, and whether vehicles require cleaning before leaving a construction site.

Contravention of the bye-laws is an offence.  This does not apply to construction sites for the purpose of widening or other alterations to a public road.

Road Works

A local authority may give a direction in writing to a person in relation to carrying out roadworks in its area.  The direction may be revoked or amended.  The road direction may specify, the periods during which the roadworks shall not be carried out, the periods during which the roadworks shall be completed, the manner in which the roadworks shall be carried out, requirements and standards in relation to temporary or permanent reinstatement, requirements in relation to giving of security for satisfactory reinstatement of the public road, requirements in relation to control of traffic in the vicinity.

In giving a direction above, a local authority shall have regard to the need to coordinate so as to minimise disruption of traffic by the roadworks, periods during which the roadworks concerned and other roadworks are carried out, necessity to minimise disruption of traffic caused by roadworks and other roadworks, the urgency of the need to do the roadworks and the costs involved. There is an exception for roadworks which are reasonably believed to be emergency roadworks.

The Minister may make regulations for the purpose of giving effect to the provisions.  Regulations may specify

• the local authorities and the areas in which they may perform their functions,
• require advance notice of proposed roadworks other than emergency roadworks,
• required notice of roadworks as soon as practicable after commencement,
• requiring information to be given to the local authority regarding proposed and emergency roadworks;
• specifying time limits for directions by local authorities;
• specifying requirements for temporary or permanent reinstatement;
• specifying requirements in relation to traffic control.

Contravention of a direction or regulation is an offence subject to summary conviction to a fine up to €1269 or 12 months imprisonment or on indictment €63,486.90 or imprisonment up to five years.

Where an offence is committed by a body corporate, directors, managers, secretaries, officers, etc., with whose consent or connivance or attributable to whose neglect the offence was committed, is also guilty of an offence.

Local authorities are not liable for any loss, injury or damage or expenditure incurred by another person by reason of performance or non-performance of its functions under this provision.  The above provision does not apply to roadworks undertaken by a local authority,

In performing its functions, the local authority shall have regard to the need to coordinate works in relation to a public road, carrying out roadworks by other persons, the need to minimize traffic disruption and the regulations above, which are stated to apply to local authorities.

Traffic Wardens

The 1975 Act provides for the appointment of road traffic wardens by local authorities.  A range of more minor road traffic matters are enforced by local traffic wardens.  These include offences regarding prohibition and restrictions on stopping or parking, offences in relation to non-display of tax licenses, etc., and other prescribed offences.

Where a road traffic warden has reasonable grounds to believe a person is committing an offence in respect of which he has jurisdiction, he may deliver a notice, in the prescribed form.  The person by way of a fixed penalty.  The person may, within 21 days, make payment, and a prosecution will not be initiated.

Where a traffic warden has reasonable grounds for believing that an offence involving the use of mechanically propelled vehicle is being committed, in respect of which he has jurisdiction, he may affix a notice in the prescribed form stating that the offence is alleged or being committed, that the person may prevent 21 days’ pay a sum or may face prosecution in the alternative.

A person who obstructs a traffic warden in the course of his duty is guilty of an offence subject on summary conviction to a fine of up €190.46.  Where a traffic warden has reasonable grounds for believing that a person is committing an offence within its jurisdiction, he may request the person to give his name and address.

The giving of a false or misleading name or address is an offence.  A person may require a traffic warden to produce official identification of his identity.

Offences of the type above may be prosecuted by a local authority.  The Minister may make regulations for the purpose of giving effect to the legislation.

Parking Bye-Laws

A road authority may make bye-laws for the control and regulation of parking of vehicles in places specified within their functional area.  Bye-laws in particular, may provide for

• specification of parking places,
• payment of fees, including manner and proof of payment, whether by means of the parking meter, purchase or exhibition of a document or otherwise
• specification of fees,
• specification of maximum periods for parking,
• prohibition of parking in a place for a period for which a fee has not been paid.
• prohibition of parking for longer than the period for which the fee was paid, specification of the classes of vehicles which may use a parking place, exemption of specified classes of vehicle.

Indications given by traffic parking meters shall be treated as evidence until the contrary is shown.  They may be specified in the bye-law.

Before making bye-laws under this authority, the road authority is to consult with the Commissioner, public notice in newspapers indicating where bye-laws may be inspected and inviting representation.   Before deciding whether to make the bye-laws or give their consent, any representations made are to be considered.

Different bye-laws may be made regarding different areas within the functional authority and different classes of vehicles for different circumstances and for different periods of time.

The making of bye-laws under this provision is a reserved function. Notice of the making of the bye-laws is to be published in Iris Oifigiúil and newspapers circulating in the area.

The Minister may give general guidance to the roads authorities regarding the contents of bye-law.  The guidelines may be amended.  Bye-laws are to be in conformance with the guidelines.

Contravention of the bye-laws is an offence.  The registered owner of the vehicle and the person using it may be guilty of an offence.  There is a defence if it can be shown by the owner that the use is unauthorised.

Traffic Calming Measures

A road authority, in the interest of the safety and convenience of road users, may provide traffic calming measures, as it considers desirable in respect of public roads in its charge.  It may remove any traffic calming measures provided by them.  It may remove road traffic calming measures provided.

Before providing the measures, it shall consult with the Commissioner, publish a notice in a newspaper circulating in the area requesting representations and consider observations made by the Commissioners and representations made by the public.

The decision to provide or remove traffic calming measures of a class prescribed and consideration of observations is a reserved function.  Traffic calming measures shall not be provided or removed in respect of a national road without the consent of the National Roads Authority.

The Minister may issue guidelines to roads authorities in relation to traffic calming measures.  They may be amended from time to time.  It is an offence to remove or damage a traffic calming measure provided without lawful authority.

Traffic calming measures are measures which restrict and control the speed or movement of traffic or access to and from a public road.  They may consist of

• road markings,
• bollards, posts, poles, chicanes, rumble areas,
• raised and lowered modified surfaces, ramps, speed cushions, speed tables and other similar works or devices,
• islands or central reservations,
• roundabouts,
• modified junctions,
• works to reduce the width of the roadway and landscaping,
• planting and similar works.